The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-11-02
RAILROAD LAW.
The Long and Short Haul Question.
A Railroads Charges Not Affected
by Competitive Rates.
Tho Selling of Reduced Rate Ticks
cts to Land-Seekers.
Tho Law Does Not Permit Such
Discrimination.
The Northern Pacific Railroad Notified
to Desist from Selling Tickets at
Rate Loss Than Charged
tho Public Ordinarily.
ho Law Does Not Permit Such
Discrimination.

WASHINGTON, Nov. The interstate COM
mcrcc commission rendered n decision today
In the case Of David r. Allen 4 Co. against
the Louisville New Albany & Chicago rail-
road company II Is accompanied by
written opinion prepared by Commissioner
Cooley, Of which the following is syllabus:
In the case the complaint is that the de-
fcudnnt violates the fourth section Of tho
interstate commerce law by charging moro
for u shorter than for longer distance over
the samc line In the same direction.
The fncts'arc that defendant has o line OF
railroads extending from New Albany, Ind,
to Michigan CITY, Ind, passing through In
diannpols and Frankfort. At Indianapolis
the road Is crossed hy east and west lines
which give n rate on wheat 10 New York OF
- cent per lm pounds. AZ Frankfort II Is
crossed 10y another road which makes a rate
to New York of ~ cents. At South Wanatah
defendants road IN crossed hy the New York,
Chicago & st. Louis railroad, and at Mich
igan City IL intcHccts the Michigan Central
railroad. Defendant wishes to participate in
the grain carrying to New York and the
Michigan Central will receive from IL at
Michigan City grain iakcn up at indianapolis
aud promtc with it the - cent rate on
mileage basis. The New York Chicago &
ST. Louis will receive from IL at south
/ fort aud prnwtc with N the % cent
rate on n mileage basis. Defendant has been
/ In the practice ut taking wheat at Indian
] npuls on these terms and IL received ear
| load from compluiuants nj Frankfort and
| charged the % cent rate. The indianapolis
! shipment, are carried through Frankfort ON
/ their way tp Michigan city, aud the whole
! distance irum indianapolis to New York by
/ Michigan CITY il greater than from Frank
| fort tu New York hy South Wanatah
II nppcirrd by the q, idcucc, however,
| /. That hy the direct line indianapolis IL
nearer to New YORK than Frankfort Il by its
I direct line, and is given lower rates for that
I reason.
.. That defendant receives greater COM
pyusitiuu fur 30. haul from indianapolis aud
| Michigan than it docs for It's haul from
| Frankfort tn South Wnuatah, aud, conso-
/ gucutly, does not ON iH own line, charge
1 inprr for the shorter haul
=. That defendant ducs not, aud cannot,
] Coutrul ho hxinF ~ Feie- ny c-rs=snE s..s
ihtyrsuctinr lines, aud las no option hut To
accept those rates which arr fixed and pro.
rate upon them, or To cease TO take gram al
I together
These facts show no violation by defendant
~ the long aud short haul clause ~ tho act.
I IT, own changes an greater for the longer
I distance, nud N the whole charge Ia New
/ York is GREATER Cor the shorter distance II u
I only hccnuao the Michigan Central charges
. les ou its own lines than docs the New York
Z chicago q ~ Louis, defendant having no
control ui either,
II IL II desirable IN test the reasonable
| ncss ~ the through nate from Frankfort TO
/ New York. nll the roads responsible for IL
I should hc made defendants. II iguot enough
| g. make the initial mad defendant, unless
that rund has authority tD make the rate for
thcm all.
The conclusion 6, that the complaint Is
. not sustained
A decision is rendered iu the case 81 W.
A. Smith against the Northern Pacific rail-
ruld company with written opinion by
Commissioner Walker, of which the follow
iur i- u syllabus
The Northern Pacific rilroad has hccn
. accustomed to scll tickets a. land seekers ur
| explorers nt BE- land ulilCc iu S. Paul, thus
enabling them tu ro uut 90 the line "f us
. rad and inspect The land which " has for
sale. nt about one lnlf ~ the regular rite for
round tr,p tickets u lHs also been acCus-
tpmcd a. soll tickets iu settlers passing
I through ~ Paul with their effects, and vino
nrr about to purchase railroad or public
I lands NJ low rates These explorers aud sct-
I ilyf are carried un regulars trains.
Aii,r the interstate commerce law went
] Into tilpcl thr sale ~ these special classes ~
] tickets Wus iur time discontinued, but WAS
] resumed Boo Nay, and complaint was made TO
thp commission Az investigation Of tho
] matter was NIi ~ minneapolis, nnd briefs
I were filed The commission now decides
I tbni The interstate commerce law does not
/ permit the sale ui tickets tp any class ~ peo-
Die different frum those established for tho
| general public The ubt that IL Is very de-
/ sIublr iur the dcipudlnt a. make sale u It's
. lands is not pusuu for discriminating In
favor nl rNplurrrur aritlcrs. the same reason
would apply Zoe ease % company should de-
sir tu stimulate it9 freight traffic, or any
other branch ui its business. by the use of
rcdurci rates or free transportation TO GUS
TONERS
That the claim that the settlement Of tho
western territories should be promoted by
special facilities uf transportation 90 emil
rrihis igu claim proper 10 be addressed 10
ihc legislative body but not for considera-
tiun Doc interpreting The present statute. and,
moreover tho company u able by excur-
| s..In rates open a. an aud 10y making allow
hnrrs upon the price charged for its land of
| part or ull ~ cost u tickets to perhaps ac-
. rumpl',h the desired object to a sufficient
/ extent without violation ~ the law. That
| the means, occupation, or purpusc Of par
ties are not proper considerations upon
| which ~ found determinations among them.
The Northern Pacific railroad company n,
/ therefore, notified io desist hom selling
either ~ said special classes Of tickets at
rates less than the regular rates charged 10